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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Determination as to the cause of claim
A. The Plaintiff, on July 5, 2016, lent KRW 7 million to the Defendant, KRW 4.5 million on October 1, 2016, KRW 10 million on January 12, 2017, KRW 25 million on August 21, 2017, and KRW 3.5 million on August 21, 2017 (hereinafter “instant loan”).
Meanwhile, among the above loans, the Plaintiff was paid KRW 1,140,000 from the Defendant on December 4, 2017.
[Evidence Evidence] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 1,3860,000,000 (=25,000,000 - 11,140,000) calculated by deducting the Plaintiff’s 1,1140,000 won from the total amount of loans extended to the Plaintiff, barring special circumstances, and the damages for delay from the day following the delivery of the copy of the complaint of this case sought by the Plaintiff.
2. Judgment on the defendant's assertion
A. The Defendant asserted the set-off of KRW 1,116,00 in the first instance court against the Defendant’s installment of KRW 1,16,000, the Defendant asserted that the Plaintiff should offset the payment of the vehicle since the Plaintiff’s unpaid payment of KRW 1,116,00 is KRW 1,116,00.
In the first instance court, the defendant's assertion was accepted and deducted KRW 1,16,00,00, and the plaintiff did not appeal against this, that part shall be excluded from this Court's defense. This part shall be deducted from KRW 13,860,000, which is the remaining debt.
B. The Defendant asserts that the Plaintiff should offset the unpaid rent in the commercial building owned by the Defendant’s mother, on the ground that the Plaintiff is an unpaid difference in operating the Taekwondo Private Institutes in the commercial building owned by the Defendant’s mother.
At the time of offset, the parties shall have a claim against the other party.
In other words, each party shall be the debtor of the other party at the same time as the creditor of the other party.